Kumar Ram Khadiya vs State Of Chhattisgarh
2022 Latest Caselaw 6422 Chatt

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                              Cr.A. No. 698 of 2021

Kumar Ram Khadiya S/o Silbanu Khadiya Aged About 52 Years R/o Kolhenjhariya, Police
Station Tumla, District Jashpur(C.G.)
                                                                        ---- Appellant
                                       Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Tumla, District
Jashpur(C.G.)
                                                                       ---Respondent

20.10.2022 Shri Sanjeev Kumar Sahu, counsel for the appellant.

Ms. Abhiyunnati Singh, P.L. for the State/respondent. Heard on I.A.N0.01/2021, an application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 29/06/2021 passed by the learned Additional Sessions Judge, Kunkuri, District- Jashpur (C.G.) in Session Trial No. 31/2019, the appellant stands convicted, as under:-

Conviction Sentence U/s 304 Part-II of IPC : R.I. for 5 years and fine of Rs. 1000/- in default of payment of fine 01 years additional simple Imprisonment.

U/s 201 of I.P.C. : R.I. for 3 years and fine of Rs. 500/- in default of payment of fine additional simple imprisonment for 06 month.

(both sentences directed to run concurrently) Learned counsel for the appellant would submits that appellant has been sentenced to undergo R.I. for 05 years u/s. 304 Part-II of I.P.C. and U/s. 201 of I.P.C. for 03 years and he has already undergone 02 years one month and 9 days during trial and after conviction on 29/6/2021, he is in still in custody and thus remain in jail at about 03 years and 05 month

therefore, the appellant may be released on bail.

On the other hand learned State counsel opposes the bail application and would submit that clinching evidence against the accused, therefore, finding of the trial court is legal and bail application may be rejected.

I have heard counsel for the parties.

Considering the fact and circumstances of the case, particularly the appellant has already undergone 03 years and 05 month of the sentence which is more than half of conviction passed by the trial court and also considering the fact that the appeal being of the year 2021, final hearing of the same will likely to take time, I am inclined to suspend the sentence of the appellant and release him on bail.

I.A. No.01/2021 is allowed.

Accordingly, application for suspension of sentence and grant of bail is allowed and it is directed that execution of further substantive jail sentence of the appellant shall remain suspended and he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of trial Court for his appearance before the Registry of this Court on 19th December, 2022. He shall thereafter appear before the trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him by the said court till the disposal of this appeal.

Sd/-

(Narendra Kumar Vyas) Judge

Ashish